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HomeMy WebLinkAbout06-19-79 CCMMinutes of the Lake Elmo City Council, June 19,, 1979 Mayor Armstrong convened the meeting at 5:15 p.m. Councilors present: Mottaz and Johnson. Also present Administrator Whittaker, Engineer Bohrer and Building Inspector Kluegel. AGENDA: Addition under Administrators Report — Release of bond money for Green Acres. Mottaz moved, Johnson seconded to approve the agenda. Motion carried 3-0. MINUTES: June 5, 1979 — Mottaz moved, Armstrong seconded, to amend the corrected approval of the May 23, 1979 minutes and include the additional correction. Page 3, paragraph 4, Spare Hydrant —.....that the City pruchase a fire hydrant and install a gate valve to have in reserve for emergency repairs... Motion carried 3-0. Armstrong moved, Mottaz seconded to approve the minutes of June 6, 1979, Lake Elmo Board of Review, as written. Motion carried 3-0. Armstrong contacted the County about the figures for Tom Wisdom, per Pott*s sug— gestion. The County indicated the square footage correction, but felt after going through the residence their assessed valuation of $97,000 was more than fair... Mottaz moved., Armstrong seconded, to approve the minutes of June 12, 1979, as written. Motion carried 3-0. The date on page 2 to be changed to June 12 rather than June 6. CLAIMS: Mottaz moved, Armstrong seconded, to approve claims 79335 thru 79385. Motion carried 3-0. BUILDING INSPECTOR: A. Olinger — Inspector Kluegel presented some photographs for Council � review. He suggested some screening of the property and a possible mining violation. The Administrator talked to Mr. Olinger. He has an agreement with the abutting property owner to cut down a hill be— hind his property. He feels the mining is granfathered in. The Administrator agreed to meet with Mr. Olinger again and work out possible screening and resolve the mining question. The safety factor is the primary concern where there is a mining operation. B. Lake Elmo Hardwood Lumber — Many complaints have been registered zbout on —street parking and noise on week —ends, partiuclarily Sunday. Another problem is water back—up on surrounding property. Bill Rogers indicated that despite lumber being stored in the parking lot there is still room for employee parking. He stated the lumber employees are using the lot and suggested that the cars on the street may be using the tennis courts. The Council suggested they look into this and if necessary remind their employees to use the lot rather than the street. # Thej— R,. sa ;+, +w ke El TTTQ A; Cam. The problem is most severe during flash flood conditions and aggrivated by no outlet down stream. No action can be taken until the storm sewers are completed in Brooknanrs Addition and the City finishes cleaning out the culvert running under 212. # "a person in the audience" made the remark that Brockman Addition m ay be the cause of the water problem in Lake Elmo Hardwood Lumber's parking lot. approved 8/7/79. Minutes of the Lake Elmo City Council, June 19, 1979 —2— CBa tist�Church — The final draft and landscape plan have been com— p eT wed. Mr. Traverna appeared to request the westerly driveway be moved. The City did not require them to move the driveway previously, as they agreed to flatten the approach in order to reduce the amount of car lights crossing the road. Mr. Traverna requested the access be moved an additional 18 feet west, to the catch basin, thereby allowing trees on his property to act as a screen. Mr. Vanman did not feel the Church should move the driveway. It has already been moved 100 ft.; and, the Church has made several compromises. Mottaz indicated he did not feel this should be a major problem to hassle over. The Church representatives agreed to move the driveway and asked if this would be their last appearance before the Council. The Mayor indicated it would and stated their building permit would be ready Wednesday. Mottaz moved, Armstrong seconded, to move the westerly driveway of the Baptist Church parking lot as far to the west as is permissible by the catch basin providing it meets the approval of the City Engineer. Motion carried3-0. D. Pepin Engineering — Mr. Pepin had five items to complete before Council action could be taken. Mr. Pepin presented his final plan; the Building Inspector indicated two items were not completed. The plan did not indicate two septic and drainfield sites and no provision for holding surface water was made. Surface water cannot leave the site any faster with paved parking area and buildings than it does without these structures. The site is 12,000 sq. ft. the building will be 6,000 sq. ft., thus there is no additional room for storage. Engineer Bohrer indicated this type of construction could affect adjacent property. The Council discussed various alternatives. Mottaz suggested the City Engineer and Pepin's engineer get together and develop a plan for holding the water on —site or provide for slow release. Mottaz also recommended the Council review the water storage question and set—up more precise guidelines for regulation. E. Other — Green Acres Bond Release — Armstrong moved, Mottaz seconded, to authorize the release of funds, not to exceed $15,528.60 for partial release of the Green Acres Bond, subject to approval of the City Engineer. Motion carried 3-0. This release is for completion of grading and ex— cavating. The Council requested the Engineer to determine the amount of the bond remaining as well as the amount released in future requests. DINNER BREAK — BEN°S ELMO INN 6:30 to 7:30 p.m. MRS. JAYCEES — PARADE PERMIT: Deedee Dellis, representing the Mrs. Jaycees reviewed the route and the time of the parade with the Council. Armstrong moved, Johnson seconded, to permit a parade on July 4, 1979, from 11 a.m. to 11:30 a.m. for the Mrs. Jaycees. The route will be Laverne Avenue from the City lot to Christ Lutheran Church. Motion carried 3-0. The parade will be primarly pre—school children. Dale Fuerstenberg will be notified of the parade route and the hours. BOB SCHNEIDER — BINGD: Armstrong moved, Johnson seconded, the City adopt Resolution 79-29, declaring Huff and Puff Days, August 17, 18, and 19 a civic celebration. The City understands the Jaycees will -be conducting Bingo games Friday and Sunday. This resolution subject to the approval of the City Attorney. Motion carried 3-0. The Jaycees request to use the fire hall to conduct the bingo games; this to be referred to the City Attorney. Armstrong moved, Johnson seconded, to authorize a 3.2 beer license to the Jaycees for Huff and Puff Days. Motion carried 3-0. Minutes of the Lake Elmo City Council, June 19, 1979 —3— OLD BUSINESS: A. Appoint Forester — Armstrong moved, Johnson seconded, to appoint Jess Mottaz the City Forester. The City agrees to reimburse the forester / mileage expenses and furnish the spray paint. Mottaz agrees to no other 1 salary but the afore mentioned. Motion carried 2-0. Mottaz abstaining. B. Newsletter Mailing — It has come to the attention of the Council several areas of Lake Elmo are not receiving the Newsletter. Lillie Publications will be contacted to determine what sections of the City get delivery and which do not. The Newsletter will be mailed to those areas that do not receive it. A tear —off requesting continued delivery will be included.•in the next newsletter, which will be mailed to all postal patrons in Lake Elmo. This will be compared to the Lill e.li �. C. Maintenance Gara e Bids — Questions arose concerning competitive al su mi e y i ivl ua contractors for a design —build structure. Mottaz said each contractor has his own plan; so there can be no real bidding competition. Mottaz moved, Armstrong seconded to contract with TKDA for architectural services for the maintenance garage and then, open the bidding up to the contractors. Motion carried 3-0. D. Comprehensive Plan Hearing, July 18, 1979 — Mottaz moved, Armstrong seconded, the City Council will hold a public hearing on July 18, 1979, at Oakland Jr. High at 7:30 p.m., to discuss their final draft of the Comprehensive Plan. Motion carried 3-0. E. Fall Clean —Up — Johnson moved, Armstrong seconded, to designate only one day for Fall Clean —Up. It will be held at West Sunfish Park. Some r _ type of residency check will be established to ensure only Lake Elmo l residents participate. Motion carried 3-0. F. Assessment Hearings — Armstrong moved, Mottaz seconded, to set an Assessment Hearing for July 31, 1979, 7:00 p.m., at Lake Elmo School for the following: 1) South—West Area Street Improvement — let and Emmanuel at 7:00 p.m. 2) Lake Jane Hills Drainage Improvement — Project Feasibility Hearing at 7:30 p.m., and 3) 1978 Pumping — Flood Assessment #3 at $:00 p.m. Motion carried 3-0. The Administrator will present the assessments. CURFEW: The Council asked Dale Fuerstenberg if a curfew would be helpful in dealing with complaints caused by area children. Dale felt it would be useful. Presently the deputy cannot issue a citation when problems arise since the City does not have a curfew. The Administrator will review the ordinances of Woodbury and Oakdale and report back to the Council. G. Other — Past Park Donations — It has been established that all previous su ivisions have given some park donation. based on the presumption that the land value was accurate. The Council agreed that it was too late to adjust those platted and settled already. The Administrator recommended attaching a Benefit Charge of $175.00 per lot to all building permits in areas where no park donations are given and for home sites which are outside a subdivision, eg. Minor Subdivision. Armstrong moved, Johnson seconded to draft an amendment to the Building Code providing a charge of $175.00 on every home, building, and business permit for new construction (new construction being the principal building)f except those that are part of a subdivision which has paid the park and other public purpose donation. Motion carried 3-0. Minutes of the Lake Elmo City Council, June 19, 1979 -4- PUBLIC INQUIRY: Pete Dupuis - Electrical Shop - Mr. Dupuis,desires,to build an electrical shop on the former racquet ball site. The Council informed him of the surface water run-off requirement and provision for two drain - field sites. The zoning for this type of use is correct. If Mr. Dupuis can put together a plan meeting the City's regulations, there should be no problem. ADMINISTRATOR'S REPORT: Sewer License - Armstrong moved, Johnson seconded, to approve a sewer iced nse permit for Raymond E. Rumpka - 816 Ashland, St. Paul, Mn. 55071. Motion carried 3-0. AMM Dues - Armstrong moved, Mottaz seconded, to approve payment of $330.00 annuaiaues for the Association of Metropolitan Municipalities. Motion carried 3-0. - Armstrong moved, Mottaz seconded, to appoint Michael Johnson Designated Alternate to the Association of Metropolitan Municipalities. Motion carried 3-0. Tabl Park Walkw Pavin - Due to moving the walkway from one lot line o ano er in a yn ar I, 30 ft. of the walkway cannot be paved within the original estimate of cost. Johnson indicated the walkway has to go across the head of the dam. He would like to see it blacktopped to the head of the dam or possibly across the head of the dam. The Council agreed. Park Donation Value - Mottaz moved, Armstrong seconded to base park donation value on the fair market value on the tax statement and to settle the park donations for Tri-Star, Eden Park II, and Green Acres on that basis. Motion carried 3-0. Objectives and Scope of Commissions - Surface Water Use - Mottaz questioned whether the group is a commission or committee. It is not established by ordinance, therefore, it is a committee. He would also like to see the original charge of the committee. Mottaz also suggested some members not be lakeshore residents, to balance community interests. The Administrator will try to locate the original charge of the committee. Many of the objectives of the committee are handled by DNR; and possibly, new respon- sibilities should be considered for the Committee. The Administrator will try to clarify this for the next meeting. Plannin and Zonin Commission - Mottaz moved, Johnson seconded, to accept and approve the objectives and scope for the Planning and Zoning Commission. Motion carried 3-0. BREAK: 9:10 to 9:20 LICENSE AND PERMIT FEES: The Administrator reviewed the itemization of the fees. Tar et range fee should remain at $50• Neutered animals on the two year license will be charged $5.00. The fee for non -neutered animals will be $6.00. Liquor license fees will remain the same with $100 fee for transfer. The Administrator recommended standardizing the water meter fees. The Council agreed. He also recommended the new code eliminate the licensing of cigarette and gum sales vending machines plus provide for charging $100 annual inspection plus permit fee for mobile home parks. Armstrong moved, Mottaz seconded, to adopt resolution 79-30, establishing permit and license fees. (Attachedtoand hereby made a part of these minutes.) Motion carried 3-0. Minutes of the Lake Elmo City Council, June 19, 1979 -5- Overpayments — The Council agreed that no refunds shall be given for previous subdivision fees, as the parties paid according to the law at that time. KEN SOVEREIGN: Mr. Sovereign gave the Council a petition to pass on to VBWD. The petition requests Valley Branch reduce the lake level on Olson and DeMontreville to 927 MSL to alleviate flooding conditions that exist around these two lakes. VBWD was informed at their assessment hearing that this petition would be presented to the Lake Elmo City Council at their next meeting. Mr. Sovereign stated that they are not requesting the City to petition Valley Branch, but according to the statute it has to be presented to the City first. The petitioners are requesting Valley Branch to act. Mayor Armstrong will look at the statute, he also wants to wait to forward this so the full Council has an opportunity to review it. Mr. Sovereign wants this presented to Valley Branch as soon as possible, as he wants it included in the engineering for Project 1005. Armstrong stated he will forward a copy of the petition and a letter to Valley Branch stating the petition was presented to the City Council and that the Council is taking it under consideration. PROJECT 201: The Administrator advised the Council they should select the 201 Project Engineer based on qualifications, not a cost estimate. A decision should be made at the next meeting. ADJOURNMENT: Mottaz moved, Armstrong seconded, to adjourn at 9:45 P.M.